Aug 25, 2022 - 06:17 PM

Minutes of the Special Meeting of the Oakley City Council held August 25, 2022 1.Opening Matters 1.1 Call to Order and Roll Call of the Oakley City Council Mayor Randy Pope called the Special Meeting to order at 6:30 pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance. 1.2 Pledge of Allegiance to the Flag Hadley Williams, 6th Grade Student at O’Hara Park Middle School, led the Pledge of Allegiance to the Flag. 2.Public Comments None. 3.Regular Calendar 3.1 Adopt a Resolution accepting the City Clerk's notice of facts and options available under California Elections Code Section 10229 that there are not more candidates than offices to be elected in District 4 for the November 8, 2022 General Municipal Election in the City of Oakley as there is one nominated candidate and one seat available in District 4, and either make an appointment of the nominated candidate or direct an election to be held in District 4 (Libby Vreonis, City Clerk) City Clerk Libby Vreonis presented the staff report. City Attorney Derek Cole commented that staff is not making a recommendation one way or the other. Councilmember Williams mentioned the election has already been budgeted. She inquired if there would be any impact with the Mayoral rotation. Mr. Cole explained the current rotation process was enacted during an at-large system and involves a tie-break system based on number of votes that may disadvantage candidates now that are in different districts. He recommended staff present the process to the successor Council in a work session for discussion of a different process than a tie-break system as it does not work for district-based elections.

Councilmember Williams mentioned the candidate who was short a signature wants to be a write-in candidate. She inquired how the process works for write-in candidates. Mr. Cole explained that voters can write anyone in on the ballot, but they must be qualified, be a registered voter, and live in the same district for votes to count. He mentioned formal write-in candidates must follow the same process as qualified candidates regarding FPPC and other papers that must be filed. Councilmember Williams mentioned write-in candidates cannot have a candidate statement. Mr. Cole confirmed write-in candidates do not get the benefit of being on the campaign material, but they can self-advertise. Councilmember Higgins inquired if holding the election will cost the City an additional $20k. Mr. Cole explained the $20k is associated with District 4 so technically there would be a savings of $20k if the Council does not direct the election. Councilmember Higgins mentioned a candidate obtained signatures, had an appointment, and tried to file Friday afternoon but City Hall was closed. Mrs. Vreonis responded that the candidate did not have an appointment and she had not heard from the candidate as of 4 p.m. Friday afternoon. She mentioned she reached out to the candidate regarding filing and when they connected, the candidate indicated she had decided not to file. Councilmember Fuller requested Mrs. Vreonis review the process and dates for being a write-in candidate. Mrs. Vreonis explained write-in candidates are currently allowed for District 2 because the election is being held for that district. She indicated if the Council directs to hold an election for District 4, write-in candidates would be allowed for that district as well. She mentioned the write-in period begins September 12 and ends October 25. She explained the write-in period is very much like the nomination period in that write-in candidates must pull and file papers within the deadline, with the exception that the candidate statement form, candidate statement and ballot designation worksheet would not be filed as the write-in candidate will not appear on the ballot. She further explained that the write-in candidate must qualify by obtaining a minimum number of 20 valid signatures on the write-in nomination paper. Councilmember Fuller commented that interested write-in candidates should contact the City Clerk’s Office early on to make an appointment during the write-in period (September 12 through October 25).

Mrs. Vreonis commented it is better for write-in candidates to schedule earlier than later. Councilmember Fuller asked Mrs. Vreonis to explain the process if a person signs a nomination paper on the Friday deadline and his/her/they voter registration card does not arrive to be processed until Wednesday of the following week, for example. Mrs. Vreonis explained at the time a person is signing a nomination paper, they must be registered to vote and reside within the same district as the candidate they are signing for; if the person signs the nomination paper Friday afternoon and the registration card is not received until the following week, it is not going to count. Mayor Pope inquired when the filing period opened. Mrs. Vreonis responded it opened Monday, July 18 at 8 a.m. Public Comment An online public comment was submitted by Adam Gerhart explaining he was short 1 signature to qualify as a candidate for District 4. He requested the City Council consider allowing the democratic process to take place and allow write-in candidates rather than allowing a candidate to be placed on the City Council unopposed. Councilmember Higgins commented she likes the idea of proving an opportunity for write-in candidates and when she was a candidate, she liked the idea of having her name and candidate statement on the ballot so that people knew what she was about, and she felt more fulfilled with that process. Councilmember Williams expressed there is another level of validity and accountability to having a person’s name on the ballot. She mentioned Mrs. Shaw has done everything she was supposed to do, and people will have a choice if write- in candidates are allowed. She mentioned she is in favor of having Mrs. Shaw’s name on the ballot as she put in the effort and time to qualify, and she hopes voters will see that commitment. She also mentioned the election is already budgeted. Councilmember Fuller thanked the City Clerk’s Office for their work with elections and recalled when going through the process himself that they were very thorough and upfront about filing ahead of the deadline. He mentioned from an early age he was taught no one can take away your right to vote and believes that should apply here; District 4 should have the right to vote. It was moved by Councilmember Fuller to adopt a resolution accepting the City Clerk’s Notice of Facts and Options and directing an election to be held in District 4. Vice Mayor Meadows commented that everyone on the Council and 3 qualified candidates in this election followed directions and did things properly. He mentioned he read the candidate’s comments who missed qualifying by one vote and does not believe it was a technicality as he waited until the last minute to pull and file papers.

He questioned whether it is important to the candidate as he could not make it this evening due to another commitment and suggested the candidate should have put more effort into it. He mentioned he could go either way with the vote. Mayor Pope shared he had two thoughts; one being that an election would provide the unqualified candidate another shot at the apple and why should he receive a special accommodation when Councilmembers and other candidates qualified by following the rules; the other being that write-in candidates are allowed for the other district. Mayor Pope questioned how passionate the candidate is about the election if he pulled two days before the deadline of the nomination period that was open for approximately one month and did not show tonight. He mentioned he does not feel like holding an election would be doing something special for this individual but rather providing the residents in District 4 the opportunity to vote. Mayor Pope seconded the motion. Councilmember Fuller commented that holding an election may provide a second bite at the apple for the candidate who did not qualify but it also allows a first bite at the apple for any other write-in candidates within District 4 and he would like to see that opportunity provided. Councilmember Williams inquired if the qualified candidate for District 4 has had an opportunity to address whether she would like to have an election. Mayor Pope mentioned she had an opportunity to speak during public comments. He added her answer either way may impact her candidacy. Mayor Pope called for the vote. AYES: Fuller, Higgins, Meadows, Pope, Williams. Motion was unanimous and so ordered. (5-0) 4.Adjourn There being no further business, the meeting was adjourned at 6:57 p.m. Respectfully Submitted, Libby Vreonis City Clerk

AGENDA Oakley City Council Thursday, August 25, 2022 6:30 PM Special Meeting to be held in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people. VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road. Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing info@ci.oakley.ca.us. If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000. Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video. Information Regarding Public Comment 1

Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/. 1.Opening Matters 1.1 Call to Order and Roll Call of the Oakley City Council 1.2 Pledge of Allegiance to the Flag 2.Public Comments At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. 3.Regular Calendar 3.1 Adopt a Resolution accepting the City Clerk's notice of facts and options available under California Elections Code Section 10229 that there are not more candidates than offices to be elected in District 4 for the November 8, 2022 General Municipal Election in the City of Oakley as there is one nominated candidate and one seat available in District 4, and either make an appointment of the nominated candidate or direct an election to be held in District 4 (Libby Vreonis, City Clerk) Staff Report 1. Notice of facts and options available 2. Resolution to accept notice of facts and options available and appoint the nominated candidate to District 4 3. Resolution to accept notice of facts and options available and direct an election for District 4 4.Adjourn 2

STAFF REPORT Approved and Forwarded to the City Council DATE: August 25, 2022 TO: Joshua McMurray, City Manager FROM: Libby Vreonis, City Clerk SUBJECT: Adopt a Resolution accepting the City Clerk’s notice of facts and options available under California Elections Code §10229 that there are not more candidates than offices to be elected in District 4 for the November 8, 2022 General Municipal Election in the City of Oakley as there is one nominated candidate and one seat available in District 4, and either make an appointment of the nominated candidate or direct an election to be held in District 4 Summary and Background The nomination period for the November 8, 2022 General Municipal Election in the City of Oakley closed August 12, 2022. Two candidates were nominated for the election in District 2 and the election for District 2 will be held. One candidate was nominated for the election in District 4. This staff report addresses options available for District 4 where only one candidate has been nominated. California Elections Code §10229(a)(1) provides that when there is one nominated candidate in an election, as exists in District 4, the City Council can appoint the person who has been nominated or hold the election. It requires the city election official to publish a notice of these facts and options available and after the fifth day of publication, the City Council may make the appointment or direct an election to be held. The notice was published Saturday, August 20, 2022, in the East County Times, and the meeting is called this evening for the City Council to provide direction. If the nominated candidate is appointed, she would qualify and take office and serve exactly as if elected at a municipal election for the office. In this situation, the appointed person’s name and candidate statement would not appear on the ballot for District 4 and pursuant to Elections Code §10229(c), no write-in candidates would be allowed. If the City Council directs an election to be held, there is an associated cost with holding the election. County Elections provided information that District 4 has 5,790 voters and 3

the estimated cost of the election is $3-$4 per registered voter, therefore the estimated cost is $17,370-$23,160 to hold the election for District 4. In this situation, the nominated candidate’s name would appear on the ballot, along with her candidate statement, and write-in candidates would be allowed. A person interested in being a write-in candidate must be a registered voter, reside within the district in which he/she/they will run for office, and file a “Statement of Write-in Candidacy” for office between September 12, 2022 and October 25, 2022. A minimum of 20 valid signatures (maximum of 30 valid signatures) must be obtained on the write-in candidate’s nomination paper to qualify. A valid signature means a signer of the nomination paper must be registered to vote and reside within the same district as the write-in candidate. Write-in candidates file the same forms required of other candidates with the exception of the candidate statement form and ballot designation worksheet. Write-in candidates are not allowed to file a candidate statement. Only votes cast for qualified write-in candidates are reported. Staff has received information from a resident within District 4 who has expressed interest in being a write-in candidate. The regular nomination period began July 18, 2022 and ended August 12, 2022 at 5 p.m. The resident pulled nomination papers on August 10, 2022 and filed the afternoon of August 12, 2022 with 21 signatures on the nomination paper. Later that same evening, County Elections indicated the resident did not qualify for the election as the nomination paper was short 1 valid signature to qualify and subsequently confirmed 2 residents who signed the petition were not registered to vote. The nomination process provides that a candidate may pull a supplemental nomination paper to obtain additional valid signatures to qualify; however, it must be filed before the nomination period deadline. In this situation, the candidate would not have been able to pull the supplemental nomination paper as the nomination deadline had already passed when staff received notice from County Elections that the nomination paper did not have enough valid signatures. Candidates are encouraged to file as early as possible to avoid this situation. Consistency with the Oakley Strategic Plan 27+ City Council appointments or elections are consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+. Fiscal Impact Funds have been budgeted for the November 8, 2022 General Municipal Election for both districts. There would an estimated cost savings of approximately $20,000 should the City Council appoint the nominated candidate to District 4. Recommendation Staff recommends that the City Council consider both options and adopt a resolution either to appoint the nominated candidate to District 4 or direct an election to be held for District 4. 4

Attachments 1. Notice of facts and options available under California Elections Code §10229. 2. Proposed Resolution to accept the notice of facts and options available under California Elections Code §10229 and appoint the nominated candidate to District 4. 3. Proposed Resolution to accept the notice of facts and options available under California Elections Code §10229 and direct an election to be held for District 4. 5

CITY CLERK CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED IN DISTRICT 4 I, Libby Vreonis, City Clerk of the City of Oakley, do hereby certify that pursuant to California Elections Code § 10229, to the following facts relating to the General Municipal Election in the City of Oakley to be held on November 8, 2022: As of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected in District 4. There is one seat available in District 4 and one candidate qualified for the election in District 4. The person nominated is: Shannon Shaw That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1) Appoint to the office the person who has been nominated. 2) Appoint to the office any eligible voter if no one has been nominated. 3) Hold the election if either one or no one has been nominated. Option 2 above is not applicable as Shannon Shaw has been nominated and qualified. Notice of these facts will be published on August 20, 2022, in a newspaper of general circulation pursuant to Section 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment or direct an election to be held. The person appointed, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If by the 75th day before the election, August 25, 2022, no person has been appointed to the office, the election shall be held. If the City Council makes an appointment pursuant to § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write in candidacy, which is submitted after the appointment is made. ____________________________________ Libby Vreonis, City Clerk Dated: August 18, 2022 6

RESOLUTION NO. _________-22 RESOLUTION OF THE OAKLEY CITY COUNCIL ACCEPTING THE CITY CLERK’S NOTICE OF FACTS AND OPTIONS AVAILABLE UNDER CALIFORNIA ELECTIONS CODE §10229 AND APPOINTING THE NOMINATED CANDIDATE, SHANNON SHAW, TO DISTRICT 4 BE IT RESOLVED by the City Council of the City of Oakley that it hereby accepts the City Clerk’s notice of facts and options available under California Elections Code §10229 and appoints the nominated candidate, Shannon Shaw, to District 4, and she shall qualify and take office and serve exactly as if elected at a municipal election for the office. The foregoing resolution was introduced at a regular meeting of the Oakley City Council held on the 25th day of August, 2022, by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote: AYES: NOES: ABSTENTION: ABSENT: APPROVED: __________________________ Randy Pope, Mayor ATTEST: ___________________________ Libby Vreonis, City Clerk Date 7

RESOLUTION NO. _________-22 RESOLUTION OF THE OAKLEY CITY COUNCIL ACCEPTING THE CITY CLERK’S NOTICE OF FACTS AND OPTIONS AVAILABLE UNDER CALIFORNIA ELECTIONS CODE §10229 AND DIRECTING AN ELECTION TO BE HELD FOR DISTRICT 4 BE IT RESOLVED by the City Council of the City of Oakley that it hereby accepts the City Clerk’s notice of facts and options available under California Elections Code §10229 and directs an election to be held for District 4. The foregoing resolution was introduced at a regular meeting of the Oakley City Council held on the 25th day of August, 2022, by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote: AYES: NOES: ABSTENTION: ABSENT: APPROVED: __________________________ Randy Pope, Mayor ATTEST: ___________________________ Libby Vreonis, City Clerk Date 8